To resolve conflicting contract terms, I will start by reviewing the specific sections of the contract in disagreement and identifying the needs of both parties involved. I will prioritize having open conversations with the other party to discuss each side’s concerns and priorities. I will also look for common ground or a compromise that addresses the primary issues for both parties. This might involve modifying certain terms or creating new ones that are mutually acceptable. Finally, I will clearly document the agreed-upon changes to avoid future misunderstandings and ensure both parties are satisfied.

When contract terms clash, it is essential to determine the original intent of the contracting parties at the time of the contract’s conclusion. Often, reviewing the preamble of the contract provides helpful insights. As a mediator, I assist clients in identifying not only their current individual interests but also their shared interests now. This approach can sometimes reveal opportunities for a win-win solution that goes beyond the legal framework.

Agreements are to be undertaken within the legal mandates those are enforceable in Courts. I have witnessed many instances where the parties are very adamant that in any conflicting clause scenario their clause has to be finalized. In such situations once they are well explained and made to understand the legal mandates applicable in that particular arrangement and the permissibility/ maintainability of the said terms they are demanding, the parties agree to workout alternate permissible terms that is mutually acceptable.

If business wants to go ahead with the deal then the best approach is to compromise with some clauses and come up with alternate language which protects both parties interests. For eg if the client insists on IP clause then you compensate by making adjustments in the Indemnification clause which protect your company's interest more favourable. Be flexible sometime to get the Agreement signed within turn around time.

When contract terms clash, it's like solving a puzzle where both parties need to win. The solution often lies in understanding the 'why' behind each position. Start by mapping parties' core interests. What's driving these conflicting terms? Sometimes, what seems contradictory on paper has compatible goals underneath. Instead of defending positions, explore alternatives. Could a hybrid solution work? What about phased implementation? Or adding safeguards that address both parties' concerns? The secret? Keep communication open and creative. Sometimes the best resolution isn't about compromise – it's finding an entirely new path that serves everyone's interests better. Remember: The goal isn't winning. It's creating lasting partnerships.